A quorum of Nye County Commissioners may be present at any Town Board meeting but they will not take any formal action.

Any member of the public who is disabled and requires accommodations or assistance at this meeting is requested to notify the Pahrump Town Office in writhing, or call 775-727-5107 prior to the meeting. Assisted listening devices are available at Town board meetings upon request.

POSTED IN THE PAHRUMP TOWN OFFICE, TOWN ANNEX, COMMUNITY CENTER, COUNTY COMPLEX, FLOYD’S ACE HARDWARE AND CHAMBER OF COMMERCE

3. Public Comment. Action may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS241.020 (2) (C) (3).
Nicole Shupp introduced Patrick Putnam of the Bureau of Land Management (BLM). Mr. Putnam is the Field Manager for the Pahrump Field Office in Pahrump. Patrick Putnam introduced the Field Office staff (Hillerie Patton, Krystal Johnson, Kathleen Sproul, Jayson Barangden, and Wendy Seley. There will also be a Geologist, Recreation Planner and an Administrative person. An office is not yet located in Pahrump, but should be within a couple of months. Mr. Putnam noted that they do plan to attend Town Board meeting in the future.

Butch Borasky asked if any information was received regarding the Town Board vacancy. Bill Dolan replied that the Governor said it is still with senior staff.

Mike Darby commented on the back up information for Items 10 – 12, noting that the information was received in black and white and color references were unclear. Board members commented concerning how to indicate changes in the future.

4. Advisory Board Reports
Bill Dolan reported that the Pahrump Veteran’s Memorial Advisory Board met and will be fine tuning plans for the cemetery. They will be brought forward at a later date.

Al Balloqui, Chairman of Public Lands Advisory Board, reported that the next meeting will be November 5, at 7:00 p.m. at the Town Office due to the need for a conference call.

5. Announcements and “Good News”.
Paula Elefante announced that a reporter from Rome, Italy requested doing a story on the Pahrump Pow Wow. The Pow Wow will be held November 21-22, 2008, and provided information on the activities to be held.

6. Discussion only regarding constituent request to apply temporary “head” tax for each dairy farm cow to use for paving fire paths, etc. Don Rust/Glenn Heesaker
Glenn Heesaker spoke in favor of a dairy cow tax as a safety item. The paths projected are for walking, wheelchairs, baby carriages, bicycles, skateboards, etc. The tax would have sunset (end) at the completion of paths on the major arteries (Highways 160 and 372).

Don Rust noted that the dairy farm already pays a head tax to the State and the Town cannot impose such a tax as a Town Board. Also, the roadways and adjacent right of ways are County, not Town. Mr. Rust suggested Mr. Heesaker go to the County Commissioners with this request. Laurayne Murray agreed with Mr. Rust.

Dave Stevens commented.

7. Discussion and decision regarding possible solution to address citizen concerns regarding vagrancy in public parks interfering with citizen access to use facilities. Laurayne Murray
Laurayne Murray explained that this was tabled from the last meeting to give Counsel time to review an approach to the issue. Mrs. Murray noted that the Attorney has provided some recommendations.

Don Rust asked what kind of impact there would be if the proposed ordinance regarding alcohol activity with a permit to sell beer at an activity which would have open containers. Mr. Campbell stated that a permit would be required and can modify the ordinance to include permitting of alcohol usage.

Bill Dolan asked how either proposed ordinance would affect groups asking for donations, i.e. Boy Scouts, Girl Scouts, etc. in public places. Rick Campbell said he would assume they had a permit to be there. This would fall under the solicitation part of the ordinance. The groups could be required to obtain a permit for using public property. Don Rust suggested the ordinance state that non-profit (501C3) organizations would not be prohibited from approaching citizens for donations. Mr. Campbell suggested having organizations apply for a permit and could be stated in the ordinance. Panhandling issues can be added to the ordinance. Mr. Rust noted that the ordinances are well defined and not vague which would allow the Sheriff’s Office to enforce it. Some things may need to be added or modified. Rick Campbell stated that Supreme Court cases, the void for vagrancy is the major issue in local ordinances. Mr. Campbell noted that the ordinance is a work in progress and can be modified.

Laurayne Murray commented that the hope was to start with something enforceable constitutionally, working with the Sheriff’s office. Mrs. Murray explained the current use of the liquor licensing permits concern selling of alcohol and asked about events not selling alcohol but providing alcohol. Would they be permitted in the park or should the Town do permitting for that? The situation could provide for a permit allowing the use of alcohol with the reservation process. Rick Campbell suggested if open liquor is available on a public property there could be some restrictions added such as insurance, etc. which poses a liability. There was further discussion on the alcohol usage issue. Laurayne Murray noted that solicitation was only for Town property and would not effect solicitation at entities such as grocery stores, etc.

Bill Dolan asked about groups using the parks. Mr. Campbell noted that everyone would go through the same process with the park reservation process. Mr. Dolan asked what would stop a homeless person from getting a permit. Rick Campbell noted that defining an event would be used.

Mrs. Murray referred to sleeping in the park and asked Mr. Campbell to include language regarding time at the park event. Rick Campbell noted that park hours can be included in the ordinance and would work that into the ordinance.

Bill Kohbarger asked if the Board wished to impose park hours. Laurayne Murray noted that games are permitted through the Parks and Recreation Advisory Board. There was more discussion regarding park hours.

Don Rust motioned to ask Mr. Campbell to draft an ordinance to repeal PTO #42 and revise the draft presented based on comments received and have staff apply a number to the ordinance for Town Board review before starting the actual vote process.

There was discussion concerning this motion. Rick Campbell suggested repealing the ordinance #42 when the new ordinance is adopted.

Nicole Shupp seconded the motion.

Mike Darby commented about a rumor that citizens will be locked out of the Arena and will this apply to the arena as well. Laurayne Murray noted that the Arena Advisory Board is responsible for scheduling of the arena. Mrs. Murray was unsure of any set hours for use of the arena at this time.

John Koenig and Dave Stevens commented regarding depriving citizens’ use of the park. Deanna O’Donnell commented on the use of the tennis courts.

Vote passed 4 – 0.

8. Discussion and decision pertaining to the Town’s Amusement Contract. Bill Dolan
Bill Kohbarger explained that Michael Sullivan is working on the contract issue with the Attorney and will be coming back to the Board soon. The current contractor had no issue with our request. Mr. Kohbarger asked that this item be tabled until the next agenda.

Bill Dolan motioned to table this item until November 13. Don Rust seconded the motion.

Vote passed 4 – 0.

9. Discussion and decision regarding review and discussion on placing a permanent item on the Town’s agenda, which states “Board Member Comments.” Bill Dolan
This item tabled indefinitely. (See Item #2)

10. Discussion and decision regarding review of Town’s Personnel Policies. Town Manager
Bill Kohbarger explained some changes made to the proposed Town Personnel Policy as indicated;
pages 4, 17, 39, 68, 74, 79, 81 and 91. There was discussion regarding acceptable alcohol levels being consistent as 0.02 in two places being the same in the policy.

11. Discussion and decision regarding review of the Town Board Policy. Town Manager
Bill Kohbarger stated most corrections were grammatical errors and made changes as stated. Mr. Kohbarger suggested changing when the agenda items are due; before 5:00 p.m. on Wednesday, and back up available Friday at 5:00 p.m.

Don Rust suggested that if approved, this policy would become effective 2009.

The Board suggested agenda items are due no later than noon on Wednesday to allow for timely posting of the agenda.
Bill Dolan motioned to approve the Pahrump Town Board Policy as presented by staff for approval with changes. Don Rust seconded the motion.

Dave Stevens commented that he would like to see a grievance committee.

Vote passed 4 – 0.

12. Discussion and decision regarding review of Town Manager Policy. Town Manager
Bill Kohbarger suggested dispensing with the Town Manager Policy and create a Town Manager job description.

Nicole Shupp agreed with staff. Mr. Rust disagreed with putting the spending limit in a job description as limits could change with economic situations.

Laurayne Murray noted that a new Town Manager job description would be placed on an agenda before approved.

Bill Dolan motioned to table this item until such time the Town Manger brings back to the Board a job description for the Town Manager including all the duties and talk about expenditures at that time. Don Rust seconded the motion.

Vote passed 4 – 0.

13. Town Manager’s Report
Town Manager Bill Kohbarger provided a written report and added that Nevada Department of Transportation (NDOT) is cleaning up the highways. Sheriff DeMeo will be monitoring parked vehicles on the right-of-ways.

Don Rust requested status of boarded building on Highway 372. Mr. Kohbarger explained he has met with Nye County Code Enforcement and filed 4 complaints on Highway 160. Highway 372 will be handled next.